For Tenants
For Landlords

Basic Tenant Rights

General Rights

  • The tenant is not allowed to stop paying rent to force the landlord to make repairs. The tenant can contact housing code enforcement for the city or county to request an inspection of the property if the conditions are unsafe.
  • The tenant should tell the landlord in writing about any problems with the home so they can make the necessary repairs. The landlord is responsible for making sure the property is habitable, maintaining it, and making repairs. Keep a copy of all communications with the landlord.
  • With permission from the landlord, the tenant can make smaller or cheaper repairs and handle minor maintenance issues on their own:
    • The tenant must get permission from the landlord before doing any work.
    • The tenant has to give the landlord a reasonable amount of time to make the repairs before doing the repairs.
    • It’s best to hire a licensed contractor to do the work instead of the tenant doing it themselves.
    • The tenant must save the receipts and send copies to the landlord.
    • The tenant may take the amount they spent out of next month’s rent.
      • Repairs can’t take the place of rent. Repairs can be deducted, with permission, from next month’s rent.
  • The tenant may also pay for repairs and then file a lawsuit against the landlord seeking reimbursement. The tenant must give prior notice, in writing, to the landlord of their intention to repair and sue prior to taking any action.

Landlords cannot retaliate against tenants for requesting repairs or contacting government agencies like housing code enforcement to inspect the property.

  • The tenant can only end the lease early under specific circumstances, such as fleeing domestic violence (with 30-days notice) or military members being deployed or relocated.
  • The tenant should check the lease to see if it has an early termination clause. If it does, the tenant has to follow those requirements.
  • If there is no lease, the landlord has to give the tenant 60 days notice before forcing the tenant to move out. The tenant has to give 30 days notice before ending the lease. Landlords can give shorter notice if there is cause, such as the tenant not paying rent.
    • The notice should be in writing. Remember, it’s always good to have a paper trail.
  • Always read the lease; provisions in an expired lease still apply if the tenant is month-to-month.

Certain Georgia laws apply regardless of what the lease may state:

  • Landlords must use the court process for eviction.
  • Landlords must follow the law regarding security deposits.
  • Landlords cannot make the tenant responsible for maintenance; the tenant may only be charged for repairs if they caused the damage.

Fair Housing Rights

  • Landlords are prohibited from discriminating against a person based on: Race, Color, Religion, Sex, National Origin, Family Status, or Disability.
  • Discriminatory actions include refusing to rent, discouraging a person from renting, steering renters to specific locations, concealing unit availability, imposing different rules/terms, or making preferences based on these classifications.
  • Tenants have the right to file a fair housing complaint if they believe they have experienced discrimination.
  • It is illegal for landlords to threaten or intimidate someone for exercising their fair housing rights.
  • Landlords are required to make:
    • Reasonable Accommodations: A reasonable accommodation is a change to a rule, policy, or service so that tenants with disabilities can use the property. An example of a reasonable accommodation is waiving the pet fee for a service dog. If a landlord does not respond to an accommodation request in a reasonable amount of time, that is considered a denial.
    • Reasonable Modifications: A reasonable modification is a structural change to the property. An example of a reasonable modification is installing a ramp. The tenant may be responsible for paying for the modifications.
    • Landlords must ensure equal access for individuals with disabilities.
  • Landlords and tenants should discuss the reasonable accommodation request.
  • Landlords can ask for documentation (like a doctor’s note) to verify the disability and the necessary link between the disability and the requested accommodation.
  • Landlords cannot ask for specific medical records, details about the diagnosis, or require the tenant to sign a HIPAA release to get medical records or discuss the diagnosis with the doctor.

Eviction Process and Rights

The eviction (dispossessory) process is the required court action a landlord must use to evict a tenant in Georgia.

  • Written Demand for Possession: Before they can file for an eviction, the landlord has to notify the tenant, in writing, that they must leave the property.
  • Non-Payment Notice: If the eviction is because the tenant did not pay rent, the notice has to have the balance owed and say that the tenant has three business days to pay the balance.

The landlord files a dispossessory action (sometimes called a warrant) in court.

  • The initial court filing (dispossessory affidavit or warrant) will be officially served on the tenant by a Marshal or process server. Service can be performed in one of three ways:
    • Personal Service: Handed directly to the tenant.
    • Notorious Service: Handed to someone who lives with the tenant.
    • Tack-and-Mail Service: Posted on the property door and mailed to the tenant on the same day.
  • Deadline to Answer: The tenant has 7 days from the date of service to file a written answer with the court.
  • Content of Answer: The answer should include all defenses to the landlord’s claims. The tenant may also include counterclaims (claims against the landlord) with the answer.
  • Default: If the tenant fails to file an answer, the case is considered to be in default, and the landlord can obtain a writ of possession without a hearing.
    • A default judgment in an eviction case cannot be appealed, but the court may set it aside if the tenant files a request and shows very good cause for missing the deadline.
  • Hearing: After the answer is filed, the court will schedule a hearing.
  • Presenting the Case: In the hearing, the landlord presents their case first, followed by the tenant. The tenant should bring all relevant evidence, such as the lease, rent receipts, and photos/videos of the property.
  • Mediation: The court may allow the parties to meet and try to resolve the case through mediation before the hearing; any agreement reached is binding and cannot be appealed.
  • Judgment: The court will enter a written decision after the hearing.
  • Appeal Deadline: If a party disagrees with the court’s decision, they have 7 days from the date of the decision to file a Petition for Review (appeal) in the appellate court. The Petition must be served on the trial court and the other party after it is filed.
  • Staying Possession During Appeal: To remain in the property while the appeal is pending, the tenant must pay all past-due rent and ongoing monthly rent into the court registry.
  • If any rent is not paid on time or in full, the landlord will be allowed to get a writ of possession to evict the tenant, even if the appeal is ongoing.
  • Writ of Possession (Final Eviction Order): Once the landlord is granted permission to evict, they must obtain a writ of possession from the court.
  • Physical Eviction: The writ must be executed by Marshals or other court-approved law enforcement.
  • No Notice of Eviction Date: The tenant will not receive advance notice of when the physical eviction will happen. If a writ of possession is issued, the tenant should be prepared to move and secure possessions like medications, documents, and valuable items.

Tenant Rights Regarding Security Deposits in Georgia

Security deposits are legally limited to a maximum of two months’ rent. The terms for the deposit and its return should be specified in the lease agreement.

  • Tenants should maintain detailed records concerning the deposit, including proof of payment and documentation of the property’s condition at move-in.
  • Tenants should keep detailed records about the deposit, like proof of payment and documentation of the property’s condition at move-in.
  • When moving out, tenants must clean the property, document the condition with pictures or videos, return the keys, and provide a forwarding mailing address.
  • The landlord has 30 days from the date the tenant returns possession of the property to either return the full security deposit or provide a statement explaining why all or part of the deposit is being retained.
  • Landlords are permitted to keep the deposit if the tenant owes a balance or if the property has damage beyond normal wear and tear.
  • If the tenant disagrees with the landlord’s decision to keep some or all of the deposit, they may file a claim for the deposit amount in small claims court.
  • If the landlord owns 10 or more rental units or utilizes a property management company, the tenant may be able to seek treble damages (three times the deposit amount).
  • If the landlord owns ten or more rental units or uses a property management company, the tenant may be able to get triple the deposit in damages.
  • If the tenant accepts a partial return of funds, they forfeit the right to challenge the landlord’s decision to keep the remainder.

Basic Landlord Duties

  • Landlords cannot discriminate based on race, color, religion, sex, national origin, family status, or disability. This means that they cannot refuse to rent to someone or steer renters to a specific location based on one of these characteristics. Landlords cannot refuse to advertise a unit to specific people, make different rules for anyone, try to hide specific units, or show preferences to any person because of these characteristics.
  • Anyone can file a fair housing complaint if they think they have been discriminated against by a landlord. It is illegal for a landlord to threaten renters for using their fair housing rights.
  • Landlords have to make reasonable accommodations for people with disabilities. They have to ensure equal access by making reasonable changes.
  • Landlords should have attorneys that know landlord/tenant law review the lease agreements before they are given to a renter so that they can be sure the language in the lease follows state and federal laws.

Georgia law requires landlords to provide housing that is fit for human habitation. Landlords must follow all local housing codes at all times, including maintaining the building structure, keeping all utilities in working order, and keeping the unit habitable and safe for renters. It is illegal to evict renters for requesting any repairs or calling code enforcement for assistance.

Early eviction prevention strategies can save landlords time and the expense of a court filing. Landlords can use payment plans, third-party mediation services, rental assistance programs, and early lease terminations to avoid the costs of formal eviction processes.

  • In Georgia, there is an eviction process (also called dispossessory process) that must be followed before a landlord can lock a renter out of a unit. Renters can stay in the property with working utilities until after the court decision is made.
  • Renters must receive at least three (3) business days written notice of failure to pay rent before landlords can file an eviction case in court.  If the renter pays the late rent in full within those three business days, the eviction case cannot be filed.
  • Renters can stay in their unit if they pay all overdue rent, late fees, and court costs within seven days of receiving the eviction summons from the court. This is called the “Tender Defense,” and it can only be used once within a twelve-month period.
  • The Servicemembers Civil Relief Act (SCRA) provides delayed court proceedings and early lease termination protections to active members of the military when military service makes the ability to pay rent difficult.
  • The Violence Against Women Act (VAWA) gives protection against discrimination for women, men, and children who are survivors of family violence, dating violence, or stalking. Georgia law also provides protections to these survivors, including the right to early lease termination.